Lgpd - general data protection law, digital marketing and marketing teams: how to adapt?

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Want to know how the General Data Protection Act applies to your daily work in the marketing field? We have prepared some content with explanations and tips for marketing professionals to understand the basics of this new legislation.


Digital marketing agencies and professionals in the field are all on the list of people who need to comply with legal regulations. Since this is a relatively new topic, it is normal for professionals in the field to have many questions about it.



What is the LGPD - General Data Protection Law?

The General Data Protection Law (Law No. 13,709/2018), LGPD, came into force on September 18, 2020 to regulate the processing of personal data by individuals or legal entities under public or private law, including in digital media, Designed to protect the fundamental freedom and privacy of natural persons (Article 1).


What the law defines as any operation carried out afghanistan whatsapp lead on personal data, and personal data is defined as all information relating to an identified or identifiable natural person, that is, information that can directly identify the person (for example: ID and CPF), or consider using reasonable technical means available during the treatment to make the person identifiable (for example, geographic location, IP address).


The law also defines sensitive data as all personal data relating to racial or ethnic origin, religious beliefs, political opinions, religious, philosophical or political membership in trade unions or organizations, and all personal data relating to health or sexual life, genetics or biological characteristics, when associated with natural persons.


Why is LGPD important for Marketing?

This initiative is very important, because it establishes the adequacy of Landing Pages and forms for obtaining consent, Email Marketing, sponsored ads, in addition to other Digital Marketing strategies.

But what needs to be done to comply with the General Data Protection Law?


Your contact base needs legal bases


The rules for Marketing and Sales prospecting strategies have changed.


Do you already know which of your leads you will be able to continue communicating with, within the rules of the LGPD?


Under the new rules, in order for you to communicate with your contacts, you need to find a legal hypothesis that authorizes this communication.

These hypotheses are called legal bases.



The LGPD has a list of 10 legal bases that authorize companies and organizations to use the data they have.


For Marketing and Sales purposes, there are two legal bases that tend to be most used: consent and legitimate interest.



Prospecting strategies cannot be invasive

The new law imposes some barriers on companies’ commercial processes. However, there is still plenty of room for Marketing to explore and use creativity to understand the best ways to make the necessary changes in a functional manner – both for compliance with the law and for the business.



What is needed is to be even more careful with practices that may be considered invasive or discriminatory. One of the most commonly used practices is the purchase of contact lists. However, this model tends to be incompatible with the LGPD, unless the list seller has adequate legal grounds to perform data mining.


Collect only the necessary data

The LGPD talks about the importance of companies thinking about minimizing the use of data: the ideal is to collect and use only the data strictly necessary to carry out the company's actions, without storing a series of personal information.


For example,



Permissions

Companies need to ask users for permission to include them in marketing actions, such as email marketing and SMS messages, for example.


This permission can be requested through opt-in or double opt-in processes . Here's how each one works:



Opt-in


Opt-in can be defined as a simple permission process . In other words, when registering on a registration form to receive a newsletter, for example, the user grants this type of permission. Double opt-in




With this type of permission, when registering on forms, landing pages or pop-ups, the user will have to authorize receiving communications from you again. In general, this type of confirmation is carried out by automatically sending an email to the user.



Make it easy to leave

How many times have you, as a consumer, had difficulty canceling a subscription or unsubscribing from an email list, for example? Hidden and unintuitive links and ineffective processes are common practices to make it difficult to unsubscribe from a list. This should no longer happen.


Tell people they have the right to withdraw their consent at any time and how to do so. Unsubscribing should be as easy as opting in.



Conclusions on the relationship between LGPD and Digital Marketing

The General Data Protection Law presents a series of recommendations on fundamental rights that force brands from all segments to rethink their actions, mainly to maintain active communication with the public without breaking the law.



Through transparent communication, it is possible to identify people interested in sharing personal data with you. Most consumers want to receive offers and promotions that interest them. Furthermore, you need adequate technology to guarantee all types of updates or removal of this data from your company's history.